Sleep apnea decisions — 2014

The Veteran's chronic lumbosacral strain has been rated at the highest possible rating under the General Rating Formula for Diseases and Injuries of the Spine, but his left knee arthritis is not service connected.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's lumbar spine disorder and a need for additional examination. The claim will be reconsidered after these actions.

The Veteran's claim for an initial compensable rating prior to September 14, 2013, and in excess of 10 percent thereafter, for a lumbosacral strain is being remanded due to the need for additional development.

The Veteran's claimed disabilities, including those involving undiagnosed illnesses, are not shown to be related to her active duty service.

The Veteran's claims for bilateral hearing loss and an upper respiratory disability are being remanded due to the need for additional VA treatment records, clarification of a previous opinion, and another VA examination.

The Veteran's DDD of the lumbosacral spine is productive of significant functional impairment, resulting in forward flexion limited to 30 degrees or less during flare-ups. The Board finds that a rating of 40 percent (but no higher) for this disability has been met.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has remanded the Veteran's appeal due to a scheduling issue for a hearing before a Veterans Law Judge at the RO. The issues of service connection and increased disability evaluation remain pending.

The Board has reopened the claim of entitlement to service connection for sleep apnea due to new and material evidence. The Veteran's current diagnosis of sleep apnea is found to have its onset during active service, and he was treated for symptoms of snoring and cessation of breathing while in service. Service connection is granted for sleep apnea. The Board also finds that the Veteran has a left knee scar status post cyst removal and facial scars as a result of acne vulgaris which had its onset during active service.

The Veteran's claim for a higher rating for his degenerative joint disease of the lumbosacral spine is being remanded due to the need for additional development, including obtaining updated medical records and scheduling a VA examination.

The Board has reopened the Veteran's claim for service connection for sleep apnea and determined that new evidence received since the last denial supports a finding of service connection.

The Veteran's current sleep apnea is related to his active service, and the Board grants his claim for service connection.

The Veteran's bilateral hearing loss and tinnitus are service-connected as they are related to his military service. However, the evidence does not support a finding of service connection for sleep apnea or PTSD.,PTSD is not currently diagnosed.

The Veteran withdrew his appeal for the issues of entitlement to service connection for bilateral hearing loss disability and obstructive sleep apnea prior to a decision by the Board. The case is dismissed.

The Veteran has withdrawn all issues currently under appeal.

The Veteran's service-connected disabilities, including chronic lumbosacral strain with narrowing of L5-S1 and radiculopathy in both lower extremities, combine to preclude him from engaging in substantially gainful employment. The Board finds that TDIU is granted.

The Veteran's right thigh disability is rated at a combined 60 percent, reflecting moderately severe injury to Muscle Groups XIII, XV, XVI, and XVIII.

The Veteran's claims for increased ratings for lumbosacral strain and migraine headaches, as well as his attempts to reopen service connection claims for various conditions, are denied.

The Board has determined that the Veteran's obstructive sleep apnea is related to her military service and grants service connection for this condition.

The Veteran's appeal is remanded due to the need for a videoconference hearing before a Veterans Law Judge at the Reno, Nevada VA RO. The case will be returned to the Board after the hearing.